Three senior officials of the National Cereals and Produce Board (NCPB) were on Thursday released on a cash bail of Sh1 million or a bond of Sh3 million.
They were arraigned before trial magistrate Celesa Okore over fraud of Sh209 million in the fake fertilizer probe.
NCPB Managing Director Joseph Muna Kimote, John Kiplangat Ngetich (Corporate Secretary), and John Mbaya Matiri (General Marketing Manager) pleaded not guilty to charges of conspiracy to defraud farmers by selling 139,688 bags of 25 Kgs fertiliser valued at over Sh209 million purporting to be genuine fertiliser, a fact the prosecution claims the accused knew to be false.
The three also face a common charge of abuse of office.
The prosecution opposed their release on bail saying that investigations are still ongoing adding that the accused persons are adversely mentioned.
“There is a likelihood of interference with the witnesses, suppressing evidence or tampering of evidence, particularly 2,3 and 4 persons who are their subordinates in the office,” reads the affidavit by the investigator.
The court was told that Joseph Kariuki Kimani, the first accused in the charge sheet has evaded arrest adding that he has switched off his phones.
“This creates an incentive for the accused person to abscond court,” the court was told.
He is out on an anticipatory bail.
Katwa Kigen, Danstan Omari, Sam Nyaberi, Shadrack Wamboi are among the lawyers representing the three accused persons and say they will object to the application by the prosecution.
The defence lawyers said that investigations are complete based on the press release by the Office of the Director of Public Prosecution adding that the investigations have been ongoing for at least three months.
“Material evidence of them to abscond court must be shown by either them booking air tickets …none has been shown,” lawyer Omari submitted.
The defence further said that the three are public officers and have serious homes and corporate roles.
There is another file that is pending approval at the ODPP. Another file is still open and under probe.
Agriculture Cabinet Secretary Mithika Linturi is among those so far grilled over the saga.
He is also facing an impeachment motion in Parliament over the saga.
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